Opinion
November 15, 1957.
January 6, 1958.
Zoning — Nonconforming use — Discontinuance — Resumption — Abandonment — Philadelphia Zoning Ordinance.
1. In this zoning case in which it appeared that the property owner carried on a nonconforming use, manufacturing machine nuts and screw products upon his premises at the time the zoning ordinance was adopted and until 1942, and thereafter used the premises for storage until 1954 when he applied for a permit for a 25% extension, intending to resume the earlier use, and it appeared that the Philadelphia Zoning Ordinance provided "A nonconforming use when discontinued may be resumed as the same nonconforming use and no other", it was Held that, (1) under the language of the ordinance discontinuance of the use and the passage of time did not alone constitute an abandonment of the nonconforming use, and (2) the property owner was entitled to the permit he sought.
2. In view of the provision in the Philadelphia Zoning Ordinance that "A non-conforming use when discontinued may be resumed as the same non-conforming use and no other", discontinuance of the use for a period of time does not, in itself, constitute an abandonment of the nonconforming use.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 150, Jan. T., 1957, from order of Court of Common Pleas No. 6 of Philadelphia County, June T., 1954, No. 1228, in case of Gordon Null v. Zoning Board of Adjustment. Order affirmed.
Same case in court below: 10 Pa. D. C.2d 605.
Appeal by property owner from decision of zoning board of adjustment revoking zoning permit.
Order entered reversing the decision of the zoning board of adjustment and directing that zoning permit be issued, opinion by FLOOD, J. Intervenors appealed.
Augustine J. Rieffel, for intervening appellants.
Gordon Cavanaugh, Assistant City Solicitor, with him Lenard L. Wolffe, Assistant City Solicitor, Leonard L. Ettinger and James L. Stern, Deputy City Solicitors, and David Berger, City Solicitor, for City of Philadelphia, intervening appellant.
Walter G. Horowitz, for appellee.
The order of the Court below is affirmed on the opinion of Judge FLOOD of Court of Common Pleas No. 6 of the County of Philadelphia.